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VAN VALKENBURGH v. CITIZENS FOR TERM LIMITS

No. 26080.

15 P.3d 1129 (2000)

135 Idaho 121

In the Matter of the Verified Petition for Writ of Prohibition and Application for Declaratory Judgment. Jack VAN VALKENBURGH, an individual, Penny Fletcher, an individual, W. Anthony Park, an individual, Petitioners, v. CITIZENS FOR TERM LIMITS, a proponent of Initiative Measure, 1998 No. 1, 1677 East Miles # 103, Hayden Lake, Idaho 83855; Donald Morgan, in his capacity as Campaign Chairman of Citizens for Term Limits, Pete T. Cenarrusa, in his official Capacity as Secretary of State of the State of Idaho, 700 W. Jefferson, Room 203, PO Box 83720, Boise, Idaho, 83720-0080, Respondents.

Supreme Court of Idaho. Boise, March 2000 Term.

December 6, 2000.

Attorney(s) appearing for the Case

Kurt Holzer, Boise, and Elizabeth B. Brandt, Topeka, KS, argued for petitioners.

Hon. Alan G. Lance, Attorney General, Boise, for respondent Pete T. Cenarrusa. Matthew McKeown, Deputy Attorney General, argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene; Stephen Safranek, Ann Arbor, MI, for respondents Citizens for Term Limits and Donald Morgan. Stephen Safranek argued.

SILAK, Justice.

NATURE OF THE CASE

This is a petition for a writ of prohibition and application for a declaratory judgment seeking to prevent the Secretary of State from taking any action pursuant to I.C. § 34-970B and seeking to have I.C. § 34-907B declared unconstitutional under both the Idaho Constitution and the United States Constitution. The Petitioners, Jack Van Valkenburgh, Penny Fletcher, W. Anthony Park, and Larry Eastland, argue I.C...

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